We purchased our property 9/1988 for $220,000. The current Market Value is $650,000. We refinanced with New Century Mortgage 4/1999 for $263,000. The loan and/or servicing rights were transferred to Ocwen FSB in 6/2000, who transferred the servicing to Wilshire Credit Corporation. We don't know when the loan was transferred to Homecomings Financial.
We filed Bankruptcy 9/18/2001. The Plaintiff held a Trustee/Foreclosure Sale 9/19/2001 when the defendants were under the protection of Chapter 13 Bankruptcy as of 9/18/2001. On 12/24/2001 the Buyer from the Trustee Sale (Don Rady/Value T Sales) posted an Eviction Notice on our door, while 10 family members were visiting from Louisiana. We maintained possession of our property. The Trustee sale was voided by 9th Circuit Appeals Panel and rescinded as per decision published by Judge Bowie, Federal Bankruptcy Court, June 2002. The Chapter 13 case was dismissed 10/24/2002.
Homecomings Financial, Wilshire Credit Corporation, & Ocwen FSB (Lenders/Plaintiff) sued for Foreclosure 11/2003, we (Owners/defendants)filed suit 12/2003 alleging Breach of Contract in that the Plaintiff did the following:
1. Violated the Real Estate Settlement Procedures Act (RESPA) by transferring the loan and/or servicing rights without notifying us. We never received any payment coupons or Late Payment Notices from either Plaintiff.
2. Homecomings never filed a valid Notice of Default or make any contact with us prior to suing for Foreclosure.
3. Homecomings Financial and Wilshire Credit failed to provide a loan payoff statement within time prescribed by law. From 3/2002 through 11/2003 the Plaintiffs failed to provide a payoff to 6 different Lenders who we were already approved for Refinance Loans. The Loan Payoff eventually provided ($403,000) was inflated by $40,000 to $70,000 with unexplained or undocumented fees and/or forced property insurance premiums.
4.The Plaintiffs also violated RESPA by reporting that the property was "foreclosed" to all Credit Bureaus, preventing the Defendants from obtaining a Refinance Loan. Our credit reports indicate that we do not have a loan with any Lender.
5. Plaintiff inadvertently Reconveyed Title to defendants "as paid in full", March 2002, when the foreclosure was rescinded. Therefore there is not a valid note or mortgage lien against the property.
San Diego, California